Inactivity of public authority as a subject of land dispute in administrative legal proceedings
In recent years, conflicts in land relations between citizens and government have been increasingly occurring in Ukraine. On the one hand, citizens are striving to realize their right to receive a land plot free of charge, on the other hand, authorities are trying to ignore the corresponding stateme...
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Format: | Article |
Language: | English |
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Universidad del Zulia
2020-10-01
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Series: | Revista de la Universidad del Zulia |
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Online Access: | https://produccioncientificaluz.org/index.php/rluz/article/view/34061 |
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author | Iryna Pyvovar Oksana Kuzmenko Pavlo Liutikov Margaryta Liutikova Serhiy Kuvakin |
author_facet | Iryna Pyvovar Oksana Kuzmenko Pavlo Liutikov Margaryta Liutikova Serhiy Kuvakin |
author_sort | Iryna Pyvovar |
collection | DOAJ |
description | In recent years, conflicts in land relations between citizens and government have been increasingly occurring in Ukraine. On the one hand, citizens are striving to realize their right to receive a land plot free of charge, on the other hand, authorities are trying to ignore the corresponding statements of citizens. The purpose of this research is to formulate a legal position concerning the inactivity of authorities in relations arising from the initiative of citizens regarding granting them permission for the development of a land management plan with the subsequent transfer of a land plot into ownership, as well as to determine the optimal way to protect the violated rights of citizens as a result of unlawful inactivity of public authorities. The study has been characterization and identification of peculiarities of application of the principle of tacit consent in land permission relations; indicated ways of protecting the rights of an individual as a result of unlawful inactivity of a powerful subject; established nature of the discretionary powers of the competent authorities. The importance and value of research are complex in nature and is revealed in its social significance since it consists in publication and raising problematic issues in the land sphere for public discussion; the economic value is manifested in helping to resolve real estate ownership problems; legal significance consists in determining perspective directions of legal and regulatory improvement of land relations; the applied value which is manifested in the promotion of the activities of local self-government bodies and administrative justice. |
first_indexed | 2024-04-10T09:13:12Z |
format | Article |
id | doaj.art-6f948c294be144638ffc80990e79ea27 |
institution | Directory Open Access Journal |
issn | 2665-0428 |
language | English |
last_indexed | 2024-04-10T09:13:12Z |
publishDate | 2020-10-01 |
publisher | Universidad del Zulia |
record_format | Article |
series | Revista de la Universidad del Zulia |
spelling | doaj.art-6f948c294be144638ffc80990e79ea272023-02-21T01:18:26ZengUniversidad del ZuliaRevista de la Universidad del Zulia2665-04282020-10-011131360375https://doi.org/10.46925//rdluz.31.22Inactivity of public authority as a subject of land dispute in administrative legal proceedings Iryna Pyvovar0https://orcid.org/0000-0002-0084-1112Oksana Kuzmenko1https://orcid.org/0000-0002-0830-766XPavlo Liutikov2https://orcid.org/0000-0001-6173-0128Margaryta Liutikova3https://orcid.org/0000-0002-6576-2458Serhiy Kuvakin4https://orcid.org/0000-0003-1032-6736Universidad del ZuliaDepartment of Theory and History of Law, Kyiv National Economic University named after Vadym Hetman, Kyiv, UkraineDepartment of Administrative and Customs Law of University of Customs and Finance, Zaporizhzhya, UkraineDepartment of Administrative and Business Law of Zaporizhzhya National University, Zaporizhzhya, UkraineDepartment of Administrative and Customs Law, University of Customs and Finance, UkraineIn recent years, conflicts in land relations between citizens and government have been increasingly occurring in Ukraine. On the one hand, citizens are striving to realize their right to receive a land plot free of charge, on the other hand, authorities are trying to ignore the corresponding statements of citizens. The purpose of this research is to formulate a legal position concerning the inactivity of authorities in relations arising from the initiative of citizens regarding granting them permission for the development of a land management plan with the subsequent transfer of a land plot into ownership, as well as to determine the optimal way to protect the violated rights of citizens as a result of unlawful inactivity of public authorities. The study has been characterization and identification of peculiarities of application of the principle of tacit consent in land permission relations; indicated ways of protecting the rights of an individual as a result of unlawful inactivity of a powerful subject; established nature of the discretionary powers of the competent authorities. The importance and value of research are complex in nature and is revealed in its social significance since it consists in publication and raising problematic issues in the land sphere for public discussion; the economic value is manifested in helping to resolve real estate ownership problems; legal significance consists in determining perspective directions of legal and regulatory improvement of land relations; the applied value which is manifested in the promotion of the activities of local self-government bodies and administrative justice.https://produccioncientificaluz.org/index.php/rluz/article/view/34061administrative justiceadministrativelegal proceedingspublic land disputeinactivity of public authority |
spellingShingle | Iryna Pyvovar Oksana Kuzmenko Pavlo Liutikov Margaryta Liutikova Serhiy Kuvakin Inactivity of public authority as a subject of land dispute in administrative legal proceedings Revista de la Universidad del Zulia administrative justice administrativelegal proceedings public land dispute inactivity of public authority |
title | Inactivity of public authority as a subject of land dispute in administrative legal proceedings |
title_full | Inactivity of public authority as a subject of land dispute in administrative legal proceedings |
title_fullStr | Inactivity of public authority as a subject of land dispute in administrative legal proceedings |
title_full_unstemmed | Inactivity of public authority as a subject of land dispute in administrative legal proceedings |
title_short | Inactivity of public authority as a subject of land dispute in administrative legal proceedings |
title_sort | inactivity of public authority as a subject of land dispute in administrative legal proceedings |
topic | administrative justice administrativelegal proceedings public land dispute inactivity of public authority |
url | https://produccioncientificaluz.org/index.php/rluz/article/view/34061 |
work_keys_str_mv | AT irynapyvovar inactivityofpublicauthorityasasubjectoflanddisputeinadministrativelegalproceedings AT oksanakuzmenko inactivityofpublicauthorityasasubjectoflanddisputeinadministrativelegalproceedings AT pavloliutikov inactivityofpublicauthorityasasubjectoflanddisputeinadministrativelegalproceedings AT margarytaliutikova inactivityofpublicauthorityasasubjectoflanddisputeinadministrativelegalproceedings AT serhiykuvakin inactivityofpublicauthorityasasubjectoflanddisputeinadministrativelegalproceedings |